Legal Opinion

Kalwasinski v. Bezio

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 2012Published

1Opinion of the Court

Petitioner commenced this CPLR article 78 proceeding to challenge a prison disciplinary determination finding him guilty of creating a disturbance, interfering with employees and refusing a direct order. The Attorney General has advised this Court that the disciplinary determination at issue has been administratively reversed, all references thereto expunged from petitioner’s institutional record and the mandatory surcharge refunded to his inmate account. As such, petitioner has been afforded all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of…

2Cases cited2 opinions

  1. Doyle v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Joseph v. LaClairAppellate Division of the Supreme Court of the State of New York · 2011

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